Article by
Barbados Today

Published on
November 13, 2018

Exactly one week since the people of Antigua and Barbuda and Grenada unjustifiably rejected the Caribbean Court of Justice (CCJ), it today handed down another landmark ruling that will have a significant bearing on Caribbean jurisprudence.

In a much-anticipated ruling, the regional court declared Section 153 (xlvii) of Guyana’s Summary Jurisdiction (Offences) Act unconstitutional and ordered its removal from the country’s law book.

The law, which makes it a criminal offence for, a man or a woman to appear in a public place while dressed in the clothing of the opposite sex for an improper purpose was challenged by four transgender persons and the Society Against Sexual Orientation Discrimination.

Quincy McEwan, Seon Clarke, Joseph Fraser, Seyon Persaud who were arrested, convicted and punished for cross dressing in public in February 2009.

While in custody, Fraser requested legal counsel, medical attention, a telephone call and that the police take a statement. Those requests were not granted. McEwan, Clarke, Fraser and Persaud spent the entire weekend in police custody and received no explanation as to why they had been arrested and detained. They first learned of the charges, of loitering and wearing female attire in a public place for “an improper purpose”, when they were taken to the Georgetown Magistrate’s Court on Monday, February 9, 2009. They all pleaded guilty to the cross-dressing charge.McEwan, Clarke and Persaud were fined GY$7,500 while Fraser was fined GY$19,500.

Imposing the sentence, the magistrate told them they must go to church, give their lives to Jesus Christ and advised that they were confused about their sexuality.

The CCJ has strongly denounced the mistreatment of the appellants by law enforcers and deemed the Magistrate’s comments as inappropriate.

“Judicial officers may not use the bench to proselytize, whether before, during or after the conclusion of court proceedings,” the CCJ ruled.

Enough said.

Hardly can anyone fault the court’s position. We accept that there are still large pockets of Caribbean people who, on religious grounds or otherwise, perpetuate stigma and discrimination against members of the LGBTQI.

Wherever you sit on the fence, are Christian, Muslim or atheist, we can all agree that all human beings must be treated with dignity and respect.

For too long we have confused the debate about morals and human rights, when it is neither moral nor legal to deliberately ill-treat or demean another human being.

CCJ President Justice, Adrian Saunders, made it clear that law and society are “dynamic and not static” and therefore the spirit of the Constitution must always be upheld and human rights held supreme.

“If one part of the Constitution appears to run up against an individual fundamental right, then, in interpreting the Constitution as a whole, courts should place a premium on affording the citizen his/her enjoyment of the fundamental right, unless there is some overriding public interest, “ he said.

Herein lies a profound thought for our Caribbean.

Our debate on the issues related to homosexuality and the LGBTQI community is often stymied by illogical arguments and emotion.

Hardly can the opposing sides simmer down long enough to sit at the table and discuss these issues. They are not going away, no matter how much we turn a blind eye or keep our heads buried in the sand.

While we don’t expect overnight change, the State, the religious community, LGBTQI advocates and other members of civil society should agree to reflect and engage in a more constructive exchange. If only to ensure that all Caribbean people are able to live their lives with dignity.

6 thoughts on “#BTEditorial – LGBTQI victory as CCJ upholds rights”

What rights are you Sodomites talking about? Putting ones penis in someone’s anus? Barbados today and anyone who adheres to this gender disorder mental illness are sick and demented perverts. The agenda is to have people of the Caribbean and their children adopt your sick degenerate wicked life style. You worship the Satanic androgynous Baphamet devil god.

I agree with the CCJ ruling in this specific case. But I must express my strong objection to any plans by the government , to sneak legislation through Parliament in the darkness of night, tagged to an unrelated Bill, granting people who wag their tails, a license to get married in Barbados. Its part of the L B G T international agenda being promoted by Peter Wickham and his associates. His relentless efforts to impose his lifestyle on Barbados society, is broadcast all over the airwaves on BrassTacks, whenever he is the moderator. But as quick and eager Peter usually is to declare that he is an atheist, this coward is tame to use the same forum to proudly say to the world, who or what he really is. Peter- the coward- boasts of being the best pollster in Barbados,so I want him to carry out a poll here to determine exactly how many people in our society are actually g a y or g a y leaning, even within marriages. Statistics will convince me that the tails are not wagging the dog here, and I will give way under duress.

Johnny crow.i does have some reservations about you and you comments at times. But I stand 100 percent with you on your comments. I have noticed that moderator is on a dark quest to get Bajans on his crazy idea of man with man.And you Know what amazes me more that the radio station cool with his agenda.He always quick to say he doesn’t believe in God.And to me that makes perfect sense cause the things he likes God have no hand in and never will. So that why he so comfortable shutting out the Holy spirit. But the same God he refuse one day he will beg for forgiveness for his Anti – God stance. We have to keep a close eye on this government.Cause I can see clearly he pushing an agenda. But know what hidden shall come to light.